Valenzuela v. Newsome

325 S.E.2d 370, 253 Ga. 793, 1985 Ga. LEXIS 581
CourtSupreme Court of Georgia
DecidedJanuary 30, 1985
Docket41566
StatusPublished
Cited by59 cases

This text of 325 S.E.2d 370 (Valenzuela v. Newsome) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valenzuela v. Newsome, 325 S.E.2d 370, 253 Ga. 793, 1985 Ga. LEXIS 581 (Ga. 1985).

Opinions

Weltner, Justice.

Valenzuela was convicted of burglary and sentenced to ten years in prison. His conviction was affirmed by the Court of Appeals in Valenzuela v. State, 157 Ga. App. 247 (277 SE2d 56) (1981). Thereafter he initiated habeas corpus proceedings in which he maintained inter alia that the state did not present evidence sufficient to authorize a rational trier of fact to find guilt beyond a reasonable doubt.

The habeas corpus court held a hearing, reviewed the transcript of the trial evidence, and by order denied relief, a portion of which is as follows:

“Relying upon Bankston v. State, 251 Ga. 730; Crosby v. Jones 682 F.2d 1373 (11th Cir. 1982) and other cases, Valenzuela contends that the only evidence supporting the conviction is the evidence of his recent, unexplained possession and that such evidence does not establish the offense beyond a reasonable doubt and is therefore insufficient to support the conviction under Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). A motion for directed verdict raising this claim was timely made and overruled at trial. This court finds that the recent, unexplained possession of some of the stolen items was the only evidence to support the conviction. On the other hand, the court further finds that there was no explanation given by the petitioner to explain his recent possession of the stolen items.
“Based upon the record of evidence, this court finds and believes that no rational trier of fact could have found proof of guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 LE2d 560) (1979). . . .”

Having weighed the evidence and found it wanting, the habeas corpus court continued: “Even though the court finds that the evidence is insufficient to support a conviction of burglary, the court is bound to follow the case of Littles v. Balkcom, 245 Ga. 285 [264 SE2d 219] (1980), which holds that ‘Georgia law requires claims as to the sufficiency of evidence to be raised on direct appeal, such a claim may not be raised in a state habeas corpus proceeding.’ The claim of the general insufficiency of the evidence was not raised on the direct appeal and the court concludes that it cannot be raised now.”

We granted a certificate of probable cause for review.

1. In Littles v. Balkcom, supra, we held that claims as to the sufficiency of the evidence must be presented on direct appeal, and cannot be raised initially in habeas corpus proceedings. Valenzuela [794]*794presented on appeal certain claims which related to the sufficiency of evidence to prove possession of certain property, and to the sufficiency of the identification of property taken during the burglary. These were resolved adversely. 157 Ga. App., supra at 249, 250. The broader question of constitutional sufficiency under Jackson v. Virginia, supra, is not addressed in the Court of Appeals’ opinion.

Stated otherwise, there was ample complaint as to the breadth of permissible inference to be drawn from the evidence at trial; there was no attack upon the adequacy of the evidence in constitutional terms.

2. It may be of value to consider our habeas corpus statute, OCGA § 9-14-42 et seq., both in its present form and as it existed prior to the 1982 amendment, Ga. L. 1982, p. 786 et seq.

Previously, the scope of habeas corpus review was this: “Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state or under the laws of this state may institute a proceeding under this article.” OCGA § 9-14-42 (a). Subparagraph (b) of the old Code section set out the circumstances under which such a substantial denial would be considered waived for failure to make contemporaneous objection, which we may paraphrase as equating a knowing, intelligent relinquishment of a right to a waiver of that right.

The old statute was criticized by Chief Justice Jordan in a concurring opinion to McDuffie v. Jones, 248 Ga. 544 (283 SE2d 601) (1981): “The majority opinion points up a serious defect in our Habeas Corpus statute. An applicant for the Writ of Habeas Corpus should be required to allege violation of the Federal and or State Constitution. A simple violation of a state statute should not be relitigated in a habeas proceeding, as set forth and treated in Divisions 2 and 3 of the opinion.

“The General Assembly should take steps to amend our Habeas Corpus statute so that it allows relief only for a substantial denial of a Federal or State constitutional right.

“The statute should also be amended to eliminate the waiver requirements of the statute, which as written exceed the waiver requirements of present federal constitutional law.” 248 Ga. at 551.

The final paragraph of the concurring opinion refers, we think, to the departure by the United States Supreme Court from its widely criticized holding in Fay v. Noia, 372 U. S. 391 (83 SC 822, 9 LE2d 837) (1963), as chronicled in Wainwright v. Sykes, 433 U. S. 72 (97 SC 2497, 53 LE2d 594) (1977). Summarizing the two holdings, Fay preserved a right to review on habeas corpus independent of contemporaneous objection unless there had been a “deliberate by-pass” of the [795]*795trial court; under Wainwright, by contrast, failure to make timely objection ordinarily will result in waiver, unless good cause be shown for such failure and unless actual prejudice shall have ensued.

It is interesting (and gratifying) that the General Assembly implemented both of Chief Justice Jordan’s suggestions in amending OCGA § 9-14-42. See Ga. L. 1982, p. 786 et seq. Now, under the 1982 amendment, habeas corpus is available to review constitutional deprivations only, and the old “knowing, intelligent relinquishment” standard for waiver has been supplanted by a “cause” and “prejudice” requirement consistent with Wainwright v. Sykes, supra, and other authorities discussed below.

3. OCGA § 9-14-48 (d) provides: “The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal”; Valenzuela has not complied with Georgia procedural rules on appeal inasmuch as he failed to present his constitutional insufficiency of evidence claim on appeal, as the procedural rule in Littles v. Balkcom, supra, requires.

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Cite This Page — Counsel Stack

Bluebook (online)
325 S.E.2d 370, 253 Ga. 793, 1985 Ga. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valenzuela-v-newsome-ga-1985.